No freeman shall ever be debarred the use of arms.

Now, far be it from me to criticize my Maryland Congressman Roscoe Bartlett. Indeed, if I were ever to enter the political arena, I’d like to think that I’d model myself after him. That is, his sole purpose in life seems to be voting down anything and everything put before him. That’s a politician who I can get behind.

Furthermore, I include myself among those who feel that homeowner’s associations are beginning to outgrow their usefulness, both in scope and expense. Short of a neighbor opening a salvage dump next door, I can’t imagine too many infractions that would drive me to lodge a complaint with an HOA. The thought of any HOA in the United States implementing covenants against flying the American flag is repulsive to me. I agree with Congressman Bartlett when he said “I was alarmed when I learned that some homeowners associations and condos all over the country prevent Americans from flying the American flag. It's hard to see how flying an American flag could depreciate the value of a condo.”

At first glance, this is reminiscent of the flag burning debate. But flag burning was an issue of government versus the citizen. Bartlett’s bill, on the other hand, is business versus citizen with the government acting as a third-party intervenor. And this is where the libertarian angel/devil begins to whisper in my ear. Is this the best solution?

U.S. House Majority Leader John Boehner (R-OH) stated:

"Every American should be able to display the American flag on their own residential property. Simply put, homeowners associations and condominiums should not be able to restrict the rights of those wanting to display the flag at their homes. Displaying the American flag should be the right of each and every citizen and I'd like to thank Rep. Bartlett for his work on this important legislation and the values it represents for our country."

The diminutive Republican tutelary on my shoulder strenuously agrees. Every American should be able to display an American flag on his or her own property. The libertarian counterpart reminds me that citizens who enter into an agreement to live under the conditions of a homeowner’s association do so under their own free will. If a group of citizens want to move into a development together and maintain covenants, no matter how ridiculous, then they should be able to do so free of government intervention.

Is there a free-market solution to Americans overcoming these petty HOA covenants that does not involve government involvement? Actually, there are two. First, the homeowners can petition the HOA to get the restriction(s) reversed. Second, homeowners can choose not to move to developments with flag restrictions. If enough people opted for the latter, then eventually restrictive HOAs would be weeded out.

I like Joe Kelley’s take:

Some people claim that [HOAs are] un-American by banning American flags. In reality, HOAs are perfectly American because they define self-rule. HOAs are not governed by some foreign body of iron-fisted tyrants. They are controlled by the people who make up your community - your next door neighbors.

A homeowner’s association is made up of like-minded individuals who all seek to maintain (and increase) the value of their most-prized investment.

Everyone who moves into a community governed by a HOA agrees to live under the guidelines established by the community. Those guidelines are routinely fluid and can change with public sentiment.

Much like the restaurant smoking bans, if enough faith and time is allotted, then the market will provide solutions without government interference and without restricting anyone’s rights, whether it is a citizen’s right to hang the Stars and Stripes or an HOA’s right to operate without Uncle Sam on its back.

And that would make my angel and devil happy.